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Alabama lawsuit accuses Apple, AT&T of MMS confusion

updated 12:30 pm EDT, Fri October 30, 2009

Joins assortment of cases already in action

Apple is facing yet another lawsuit over delayed MMS support on American iPhones, court documents show. Although the feature was eventually enabled on September 25th, the case's plaintiff -- Alabama resident Clyde Franklin -- charges both Apple and AT&T of misleading the public on MMS availability, with promises that it would become an option on the iPhone 3G and 3GS with the arrival of the v3.0 firmware. It did not, and Franklin notes that only a small disclaimer on the Apple website made mention that AT&T support would only come in "late summer."

Unusuals aspects of the case include a complaint that AT&T's View My Message stopgap directed users to open MMS content on a computer, and that the process of upgrading iPhone firmware to enable MMS may require "complex computer skills." Franklin further alleges that MMS support has been "mixed" since September 25th, and that AT&T has been well aware that its network has been unable to handle iPhone traffic in general.

The case is being pursued as a class action on behalf all 3G and 3GS owners in Alabama who bought their phones on or after July 1st of last year. Demands include punitive and compensatory damages, as well as anything that may be available under the Alabama Deceptive Trade Practices Act.

Apple and AT&T have been hit with multiple MMS lawsuits filed across the United States, generally making similar claims. The companies are also negotiating a separate set of charges regarding poor data performance, again suggesting that advertising has been misleading.




by MacNN Staff

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Comments

  1. bjojade

    Joined: Dec 1969

    +2

    What a joke.

    the process of upgrading iPhone firmware to enable MMS may require "complex computer skills."

    Um, if you are smart enough to know how to use MMS messaging but not smart enough to click on the OK button to upgrade your firmware, you shouldn't be allowed to own an iPhone.

    Class action lawsuits need to be banned. I certainly do NOT want anyone suing a company on my behalf. All this does is raise the overall price of the products to cover legal fees.

    I should sue the lawyers for my time getting me OFF of class action lawsuit lists.

  1. TheBum

    Joined: Dec 1969

    +2

    Not a life-or-death feature

    I can't believe how people get riled up about MMS unavailability. It's not like somebody's going to die or get seriously hurt if MMS doesn't work.

    GET A LIFE, PEOPLE! You know, most MMS devices can also be used as PHONES in an emergency!

    "Class action lawsuits need to be banned. I certainly do NOT want anyone suing a company on my behalf. All this does is raise the overall price of the products to cover legal fees."

    They do serve one other important purpose: putting more money in class-action lawyers' pockets.

  1. 64stang06

    Joined: Dec 1969

    +2

    Ok..

    And why is he blaming Apple? It was all over the internet that Apple publicly announced the MMS delay was the fault of AT&T, not the iPhone OS.

  1. psdenno

    Joined: Dec 1969

    +2

    Clyde should spend......

    ... his time and effort filing a lawsuit against his parents over giving him that name. When will people just grow up and accept responsibility for their actions?

  1. testudo

    Joined: Dec 1969

    -3

    Re: What a joke

    Class action lawsuits need to be banned. I certainly do NOT want anyone suing a company on my behalf. All this does is raise the overall price of the products to cover legal fees.

    Right, no good at all. Forget that they are one of the few actual ways people can get any type of response out of large companies or wealthy individuals. Or maybe you just think corporations just 'realize' their misdeeds and change their ways all on their own.

    Or maybe we just need to gov't to watchdog them! Oh, right, can't have that. Too much gov't regulation is bad too.

    BTW, this case is not a class action case. I don't think any of them are. They have been filed with hope of changing to class action status, but that is up to the courts to decide.

  1. jragosta

    Joined: Dec 1969

    +1

    @bjojade

    "Um, if you are smart enough to know how to use MMS messaging but not smart enough to click on the OK button to upgrade your firmware, you shouldn't be allowed to own an iPhone."

    I disagree. If you're not smart enough to figure out how to click the OK button to upgrade the firmware, you shouldn't be allowed to breed. Let's try to weed stupidity out of the gene pool.

  1. Fast iBook

    Joined: Dec 1969

    -2

    Give everyone....

    Give everyone using an iphone a free month & be done with it.

    - A

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